[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Pages 55030-55031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27573]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-064]
RIN 2115-AE47


Drawbridge Operating Regulation; Lafourche Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is modifying the operating regulations for the 
SR1 vertical lift bridge (Galliano-Tarpon bridge), mile 30.6, and the 
SR1 pontoon bridge (Cote Blanche bridge), mile 33.9, near Cutoff, 
Lafourche Parish, Louisiana. This action is being taken at the request 
of the Greater Lafourche Port Commission. The modification of the 
operation regulation of these bridges will permit more efficient 
operation of the highway bridges and still provide for the reasonable 
needs of navigation.

DATES: This interim rule becomes effective on October 14, 1998. 
Comments must be received on or before December 14, 1998.

ADDRESSES: Comments may be mailed to Commander (ob), Eighth Coast Guard 
District, Bridge Administration Branch, Hale Boggs Federal Building, 
room 1313, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or 
deliver them to room 1313 at the same address between 7 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (504) 589-2965. Commander (ob) maintains the public docket 
for this rulemkaing.

FOR FURTHER INFORMATION CONTACT:
Mr. David Frank, Bridge Administration Branch, telephone number 504-
589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD08-98-064) and the specific section of the 
rule to which each comment applies, and the reason for each comment. 
Please submit two copies of all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. Persons wanting acknowledgment of receipt of 
comments should enclose self-addressed stamped postcards or envelopes.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Maine Safety Council at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentation will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are David 
M. Frank, Project Manager, and LTJG Michele Woodruff, Project Attorney, 
Eighth Coast Guard District Legal Office.

Regulatory Information

    This rule is being published as an interim rule and is being made 
effective on the date of publication. The Coast Guard had determined 
that good cause exists under the Administrative Procedure Act (5 U.S.C. 
553) to forego notice of proposed rulemaking. The current regulation 
was established to assist in the safer and more timely transit of 
school buses and school children from school at the end of the school 
day. However, on August 14, 1998, the school system extended the school 
hours by 30 minutes, thus moving the end of day dismissal time outside 
of the present schedule for closure of the bridge to marine traffic. 
The change to the present operation regulations will coincide with the 
closure period with the new school hours and will not effect vessel 
traffic. The school year has already started and immediate relief is 
needed to offset traffic congestion.
    The Coast Guard, for the reason just stated, has also determined 
that good cause exists for this rule to become effective upon 
publication in the Federal Register.

Background and Purpose

    On August 21, 1995, a final rule was published in the Federal 
Register (60 FR 43373) stating that the draws of the SR 1 vertical lift 
bridge (Galliano-Tarpon bridge), mile 30.6, and the SR 1 pontoon bridge 
(Cote Blanche bridge), mile 33.9, both near Cutoff, shall open on 
signal except that, from 2 p.m. to 3 p.m., and from 4:30 p.m. to 5:30 
p.m. Monday through Friday except Federal holidays, the draws need not 
open for the passage of vessels.
    The purpose of the regulations was to provide relief for school bus 
traffic and other vehicular traffic that cross the bridges during peak 
hours of land traffic congestion. Since the establishment of the 
regulation, operations at the two bridges have run smoothly with no 
complaints or concerns expressed by either land or marine traffic. 
However, the school system has extended the hours of school by 30 
minutes and the closure from 2 p.m. to 3 p.m. no longer conforms to the 
school bus operation schedule. The Greater Lafourche Port Authority has 
requested the modification of the existing regulation to reflect the 
change in the school hours. The Port Authority has requested that the 
closure hours from 2 p.m. to 3 p.m. be adjusted to 2:30 p.m. to 3:30 
p.m. This modification of 30 minutes in the operating schedule will 
facilitate the movement of the school bus traffic

[[Page 55031]]

while still providing for the reasonable needs of navigation.
    The SR 1 vertical lift bridge (Galliano-Tarpon bridge), mile 30.6, 
has averaged 383 bridge openings a month for vessel traffic over the 
past two years. This average out to less than 13 openings per day at 
the bridge. While statistics are not readily available for the other 
bridge, given its close proximity to the Tarpon bridge, its average 
opening should be similar or slightly lower as it is upstream of the SR 
1 vertical lift bridge (Galliano-Tarpon bridge).
    The SR 1 vertical lift bridge (Galliano-Tarpon bridge), mile 30.6, 
is owned and operated by the Louisiana Department of Transportation and 
Development (LDOTD). LDOTD has no objection to the modification of the 
operating schedule for the bridge.
    The SR 1 ponton bridge (Cote Blanche bridge), mile 33.9, is owned 
and operated by Lafourche Parish. Lafourche Parish has no objection to 
the modification of the operating schedule for the bridge.

Discussion of Rules

    The rule amends the existing regulation to adjust the time when the 
two bridges need not open for the passage of vessels. The regulations 
presently states that the draws of the SR 1 bridge, mile 30.6, and the 
SR 1 bridge, mile 33.9, both near Cutoff, shall open on signal except 
that, from 2 p.m. to 3 p.m., and from 4:30 p.m. to 5:30 p.m. Monday 
through Friday except Federal holidays, the draws need not open for the 
passage of vessels. The amended regulation modifies the times that the 
bridges need not open for the passage of vessels.
    The modification to the regulation facilitates the movement of the 
school bus traffic while still providing for the reasonable needs of 
navigation. The amended regulation will require the draws of the SR 1 
bridge, mile 30.6, and the SR 1 bridge, mile 33.9, both near Cutoff, 
shall open on signal except that, from 2:30 p.m. to 3:30 p.m., and from 
4:30 p.m. to 5:30 p.m. Monday through Friday except Federal holidays, 
the draw need not open for the passage of vessels.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget under that Order has 
not reviewed it. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
final rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include (1) small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and (2) governmental jurisdictions with populations of less 
than 50,000.
    The amended regulation adjusts the hours that the bridges need not 
open for the passage of vessels by 30 minutes. Any impact the 
adjustment may have on small entities is not substantial. Therefore, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under Figure 2-1 CE 32(e) 
of the NEPA Implementing Procedures, COMDINST M16475.IC, this final 
rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard is 
amending Part 117 of Title 33, Code of Federal Regulations, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for Part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 105 
Stat. 5039.

    2. Amend Sec. 117.465 to revise paragraph (a) to read as follows:


Sec. 117.465  Lafourche Bayou.

    (a) The draws of the SR 1 bridge, mile 30.6, and the SR 1 bridge, 
mile 33.9, both near Cutoff, shall open on signal except that, from 
2:30 p.m. to 3:30 p.m., and from 4:30 p.m. to 5:30 p.m. Monday through 
Friday except Federal holidays, the draws need not open for the passage 
of vessels.
* * * * *
    Dated: September 28, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-27573 Filed 10-13-98; 8:45 am]
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